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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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SouthpawVet

TBI Pyramyding?

Question

I have a question and I would appreciate info from anybody.

I had a vehicle accident stateside (while on duty) about a year and a half before I was deployed. They told me I had a concision but later the VA told me it was a TBI. The VA sent me to a TBI C&P and I was rated at 0%. I also have real bad migraines from the accident. The VA decided I was rated 30% (I think this is a low ball, I told the rater that I have several migraines a month that are deliberating). I also have tinnitus, can't smell or taste all due to the accident, that I haven't been rated for. Well I found out that my local VA has a TBI clinic. Been going to my local VA for other reasons since 2013 and just now found out there is a clinic. So I am going to this clinic next week. The first appointment is supposed to be three hours. I want to see what residual effects I have from my TBI.

My question is- Should I just be happy that I got 30% for migraines and file for the tinnitus, smell and taste? Or should I get re rated for my TBI and have everything rolled up into one rating? I figure if I get re rated for my TBI the VA will just low ball me on it and take away any other claim associated with it.

I forgot to mention that I also have Photo-phobia and am not rated for it also.

Edited by SouthpawVet

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So maybe somebody could clear this up for me.

I thought you couldn't be rated for a TBI and migraines? That would be pyramiding, right?

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Here is the deal.  Once service connected, you are rated based on symptoms.  No symptoms means a 0 percent rating or just a denial.  

You  can only be rated on a symptom ONCE.  Ok example:

YOu have depression and PTSD.  (2 ratings).  Hypothetically, anyway.  In actual practice you will likely get rated for PTSD OR depression but not both.  Either of these are rated based on symptoms.  

So, lets say you have an "inability to get along with others."  

You wont get rated for that symptom twice, once for PTSD and again for depression.  

Back to you.  If a symptom of your TBI is "tinnitus" and you are paid for it under TBI, no, you wont also get tinnitus.  The VA is supposed to rate you how it will benefit you the most.  In other words if tinnitus was worth 30 percent on TBI, then you would not ALSO get 10 percent for tinnitus.  You get the higher of the two, but not both.  

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